It is a common misconception to believe that being arrested and detained is the same thing. In legal terms, an arrest and detention refer to two completely different interactions with law enforcement, which can lead to vastly different outcomes. Knowing and understanding their nuances can help you understand your rights should you ever be involved in an altercation with the boys in blue. In this article, we will delve into these differences, and what you can do if you are either arrested or detained.
Getting Arrested Vs. Getting Detained
When a police officer suspects you of committing an offense, they may arrest or detain you, depending on the nature of the situation and whether they have enough reason to believe you committed a crime.
Detention
You are considered “detained” if a police officer holds you as they investigate something suspicious. This detention can be considered an arrest when it exceeds a specific limit. It happens when the state restricts your freedom by force or pressure when you are accused of committing an offense. The detaining officer must know about the alleged crime, as suspicion alone is not grounds for detention.
If detained, you do have the right to counsel from a criminal defense attorney. But unlike arrests, the detaining officer is not obligated to inform you of your right to counsel.
Arrests
Arrests can be much more serious than detention, with potential grave consequences for the accused party. When you are arrested, the police officer will handcuff you, read the Miranda rights to you, and take you into custody based on criminal charges. The reasons and process of an arrest depend on the specific situation.
The first reason for an arrest is probable cause, where law enforcement has sufficient evidence to accuse a person of committing a crime. Typically, probable cause is established before the arrest, as the Fourth Amendment mandates.
Police officers must submit a formal affidavit to a court to get an arrest warrant. The affidavit will contain sufficient proof of the alleged criminal charges. However, an arrest can happen without a warrant. For instance, when you commit a crime in the presence of a police officer, they may arrest you on the spot. The police officer can also arrest you if they believe you are involved in a crime.
Understanding the Differences
For detention, a police officer only needs a valid reason to believe you are a suspect; for an arrest, they must have a warrant or strong proof of the crime you are accused of.
“When a police officer detains you, they are under no obligation to recite the Miranda rights to you even if they eventually plan to arrest you. But in the case of an arrest, they are compelled to read the Miranda rights. Detentions last for a short time period whereas an arrest will last till bail is approved or a court hearing is set,” says criminal defense attorney Tom Addair of Addair Law Firm.
Conclusion
If you are accused of a crime and police officers arrest or detain you, you should exercise your right to legal representation. You can opt for state-provided or private representation. A criminal defense lawyer can protect your rights and work to obtain the best possible outcome for your case.